M/s. Glass Tech India, Roorkee V. ITO, Roorkee

ITA 1996/DEL/2010

• Counselvise Citation: [2011] 135 COUNSELVISE.COM (IT) 0326 (ITAT-DELHI)
• Duration Of Justice: 10 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-03-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 10-03-2011
• Assessment Year: 2007-2008
• Appeal Filed On: 03-05-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY PURI
• Keywords: Application of stay
• Section: 154; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : C : NEW DELHI BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER STAY NO.36/DEL/2010 (ITA NO.1996/DEL/2010) ASSESSMENT YEAR : 2007-08 M/S GLASS TECH INDIA, KHASRA NO.162-164, RAIPUR BHAGWANPUR, ROORKEE. PAN : AAFFG4233Q VS. ITO, WARD 1, ROORKEE. ITA NOS.1996 & 1995/DEL/2010 ASSESSMENT YEAR : 2007-08 M/S GLASS TECH INDIA, KHASRA NO.162-164, RAIPUR BHAGWANPUR, ROORKEE. PAN : AAFFG4233Q VS. ITO, WARD 1, ROORKEE. (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : SHRI SANJAY PURI, CIT, DR ORDER PER I.P. BANSAL, JUDICIAL MEMBER ITA NO.1996/DEL/2010 AND ITA NO.1995/DEL/2010 ARE THE APPEALS FILED BY THE ASSESSEE AND THEY ARE DIRECTED AGAINST THE TWO ORDERS PASSED BY THE CIT (A) DATED 4 TH JANUARY, 2010 AND 1 ST JANUARY, 2010 RESPECTIVELY FOR ASSESSMENT YEAR 2007-08. THE ORDER DAT ED 4 TH JANUARY, 2010 IS IN RESPECT OF ASSESSMENT FRAMED U/S 143 ( 1) OF THE ACT AND THE ORDER DATED 1 ST JANUARY, 2010 IS IN RESPECT OF THE ORDER PASSED STAY NO.36/DEL/2010 ITA NOS.1996 & 1995/DEL/2010 2 U/S 154 OF THE INCOME TAX ACT. THE IMPUGNED STAY APP LICATION WAS FILED BY THE ASSESSEE IN RESPECT OF ITA NO.1996/DEL/2010 IN WHICH THE ASSESSEE HAD SOUGHT STAY OF OUTSTANDING DEMAND OF ` 1,86,7 2,061/- OUT OF TOTAL DEMAND OF ` 1,99,58,649/-. 2. VIDE LETTER DATED 16 TH DECEMBER, 2010 IT HAS BEEN INFORMED BY THE LEARNED COUNSEL OF THE ASSESSEE THAT THE DEMAND WAS R ESULT OF AN ADJUSTMENT MADE WHILE PROCESSING THE RETURN U/S 143(1) WHEREBY DEDUCTION U/S 80IC WAS DISALLOWED. THE ASSESSEE, APART FR OM FILING THE APPEAL AGAINST THE IMPUGNED ORDER HAD ALSO MOVED AN A PPLICATION U/S 119 OF THE INCOME TAX ACT BEFORE CBDT FOR CONDONATI ON OF DELAY FOR FILING THE RETURN. IT IS SUBMITTED THAT THE DEDUCTIO N U/S 80IC WAS DISALLOWED ON THE GROUND OF BELATED FILING OF THE RE TURN AND NOW CBDT VIDE ITS ORDER DATED 12 TH NOVEMBER, 2010 HAS CONDONED THE DELAY AND IT HAS BEEN DIRECTED TO ASSESSING OFFICER TO ALLOW THE C LAIM OF THE ASSESSEE U/S 80IC AFTER ENSURING THAT NECESSARY COMPLIANCE OF OTHER PROVISIONS OF THE ACT HAS BEEN MADE AND ALSO AFTER EXAM INING THE ADMISSIBILITY OF THE CLAIM AS PER THE RELEVANT PROVISIO NS. THEREFORE, IN VIEW OF THE ORDER OF CBDT DATED 12 TH NOVEMBER, 2010, IT IS SUBMITTED BY THE LEARNED AR THAT THE STAY APPLICATION AND THE APPEALS FILED BY THE ASSESSEE HAVE BECOME INFRUCTUOUS. THE COPY OF THE O RDER OF CBDT IS ENCLOSED WITH THE AFOREMENTIONED APPLICATION. 3. IN THIS VIEW OF THE SITUATION, AFTER HEARING LEARN ED DR AND KEEPING IN VIEW THE CONTENTS OF THE ABOVE MENTIONED LETTER FILED BY THE ASSESSEE DATED 16 TH DECEMBER, 2010, WE DISMISS THE STAY APPLICATION AS WELL AS THE APPEALS FILED BY THE ASSESSEE ON ACCOUNT OF THEIR HAVING BECOME INFRUCTUOUS. STAY NO.36/DEL/2010 ITA NOS.1996 & 1995/DEL/2010 3 4. IN THE RESULT, THE STAY APPLICATIONS AS WELL AS THE A PPEALS FILED BY THE ASSESSEE ARE DISMISSED IN THE MANNER AFORESAID. THE ORDER PRONOUNCED IN THE OPEN COURT ON 10.03.20 11. SD/- SD/- [A.K. GARODIA] [I.P. BANSAL] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED, 10.03.2011. DK COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT TRUE COPY BY ORDER, DEPUTY REGISTRAR, ITAT, DELHI BENCHES STAY NO.36/DEL/2010 ITA NOS.1996 & 1995/DEL/2010 4 DATE OF DICTATION 10.03.2011 DATE OF PRESENTATION OF THE DRAFT ORDER TO THE MEMBER 10.03.2011 DATE OF RETURN FROM THE BENCH AFTER PRONOUNCEMENT &SIGNING DATE OF DISPATCH OF THE ORDER TO THE BENCH